Thiele L. Wetzel - Page 7

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          penalty of up to $25,000 for instituting or maintaining an action           
          primarily for delay or for taking frivolous or groundless                   
          positions.                                                                  
                                       OPINION                                        
          A.   Whether Petitioner May Dispute the Underlying Tax Liability            
               Petitioner contends that he had no taxable income or                   
          activities in 1994-99, and thus he had no tax liability for those           
          years.                                                                      
               A taxpayer may dispute the existence or amount of his or her           
          tax liability at a section 6330(b) hearing if he or she did not             
          receive a notice of deficiency or did not otherwise have an                 
          opportunity to dispute the tax liability.  Sec. 6330(c)(2)(B).              
          Petitioner received the notice of deficiency for 1994-99.  Thus,            
          petitioner may not dispute the existence or amount of his tax               
          liabilities for those years under sections 6320 and 6330.  Id.              
          B.   Whether Respondent’s Determination Was an Abuse of                     
               Discretion                                                             
               Petitioner contends that respondent’s determination was an             
          abuse of discretion because: (1) He had no taxable income or                
          activities; (2) payment of Federal income tax is voluntary; (3)             
          the assessment was not proper; (4) the lien was premature; and              
          (5) the conduct of respondent’s employee was fraudulent and                 
          subject to sanctions.1  We disagree because: (1) Petitioner had             


               1  Petitioner does not contend that the burden of proof                
          shifts to respondent under sec. 7491(a) in this case.                       




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